§ 505-10. Purpose and intent.

(A)

Purpose. The purpose of this article is to coordinate the type, placement and scale of signs within the city's various zoning districts; to recognize and facilitate the communication requirements of all sectors of the community; to encourage the innovative use of design; to maintain and enhance community appearance through proper sign maintenance, renovation of older signs and the elimination of visual blight and clutter; and, to allow for special circumstances. These shall be accomplished by regulation of the display, erection, use and maintenance of signs. The use of signs is regulated according to zone. The placement and scale of signs are regulated primarily by type and length of street, and building or occupant frontage, though lot size and surrounding conditions may also be considered. No sign shall be permitted, except in accordance with the provisions of this article. This article does not regulate signs interior to a building, defined herein as "interior signs."

(B)

Design. This article is intended to establish a coordinated graphics program that provides for establishment identification and directional communication, while allowing the creation of unique and informative signs. These regulations are not intended to prohibit the design of unusual signs that may enhance the character of the building or reflect the nature of the use.

(C)

Consistency. This article is intended to be consistent with the city's adopted comprehensive plan.

(D)

Substitution. It is not the purpose of this article to regulate or control the copy, content or viewpoint of signs. Nor is it the intent of this article to afford greater protection to commercial speech than to noncommercial speech. Any sign, display or device allowed under this article may contain, in lieu of any other copy, any otherwise lawful noncommercial message that complies with all other requirements of this article. The noncommercial message may occupy the entire sign area, or any portion of the sign area, and may substitute for or be combined with the commercial message. The sign message may be changed from commercial to noncommercial, or from one noncommercial message to another, as frequently as desired by the sign's owner, provided that the sign is not prohibited and the sign continues to comply with all requirements of this Land Development Code.

(E)

Severability.

(1)

If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this Land Development Code, is declared unconstitutional by the final and valid judgment or decree of any court of competent jurisdiction, this declaration of unconstitutionality or invalidity shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article.

(2)

Severability where less speech results. This subsection shall not be interpreted to limit the effect of subsection (1) above, or any other applicable severability provisions in the code or any adopting ordinance. The city commission specifically intends that severability shall be applied to these sign regulations even if the result would be to allow less speech in the city, whether by subjecting currently exempt signs to permitting or by some other means.

(3)

Severability of provisions pertaining to prohibited signs. This subsection shall not be interpreted to limit the effect of subsection (1) above, or any other applicable severability provisions in the code or any adopting ordinance. The city commission specifically intends that severability shall be applied to section 505-50 "prohibited signs," so that each of the prohibited sign types listed in that section shall continue to be prohibited irrespective of whether another sign prohibition is declared unconstitutional or invalid.

(4)

Severability of prohibition on off-premises signs. This subsection shall not be interpreted to limit the effect of subsection (1) above, or any other applicable severability provisions in the code or any adopting ordinance. If any or all of this article or any other provision of the city's code is declared unconstitutional or invalid by the final and valid judgment of any court of competent jurisdiction, the city commission specifically intends that the declaration shall not affect the prohibition on off-premises signs in subsection 505-50 (prohibited signs).

(5)

Severability of subsection 505-30(B) (minimum criteria for all signs in city). This subsection shall not be interpreted to limit the effect of subsection (1) above, or any other applicable severability provisions in the code or any adopting ordinance. If any or all of this article or any other provision of the city's code is declared unconstitutional or invalid by the final and valid judgment of any court of competent jurisdiction, the city commission specifically intends that that declaration shall not affect the standards of subsection 505-30(B), "minimum criteria for all signs in city", which shall be enforced as the minimum standards for signs in the city.

(Ord. No. 2012-009, § 2(Exh. A), 5-8-12)